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1823. April May 14.
Constitut. Code Its Rationale
Ch. 6 Legislative
§. Inaugural Declaratn, why
1.
Question – Why this Declaration?
Answer. These it's uses.
1. Moral aptitude – ways in
which it tends to secure it.
Use 1. It brings to bear
upon functionary's conduct
in each particular
the punitive power of the
Public Opinion Tribunal
on misdeeds which, by
legal judicatories, can
not be punished for
want of legally receivable
evidence.
2.
But for this check, extensive
and mischievous
the misdeeds which
would otherwise be committed
in full security.
3.
Example, corruption
in a public functionary.
1. Case where it is punishable,
matter of corruption
administered by
corruptor to corruptee.
2. Case where it is unpunishable.
Do. administered by corruptor
or corruptor's
friend to corruptee's
friend.
4.
To corruptee, the value of
a service rendered to his
friend varies on a scale
at the highest point of
which, it is equal to a
do. rendered to himself
viz. where he would have
rendered to his friend
equal service at his own
expence.
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Ch. 6 Legislative
§.
5.
So common is this case,
that to corruptee, by
this means, may as full
effect be given as any
corruptionist can wish.
6.
Of this tie, the efficiency
will be as the particularity
in the wording of it.
General and loose, instead
of a restraint, it
operates as an enabling
instrument to misrule.
It serves the misruler
as a certificate of moral
aptitude, be his inaptitude
what it may.
7.
Thus in England. Nugatory
oath system a man
articles in the apparatus
of instruments of delusion
and corruption, and delusion
employed by a
Government which depends
on them for it's
existence.
Scarce an office that
has not it's oath: by which
such is it's generality, no
restraint is produced.
8.
1. Corruption is served
by enabling Monarch to
purchase Representatives
by giving, spite of inaptitude
in all shapes, to
them or their friends, lucrative
and other desired
situations.
Delusion is practised on
the unthinking people
by causing them to regard
as an efficient security
for aptitude in all shapes,
this which is not so in
any. Credit being thus obtained
for the self sacrifice,
the sacrifice itself is needless.
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Ch. 6 Legislative
§.
9.
Use 2. Easing the functionary
of uneasiness from
solicitation.
But for this, a legislator is
exposed to be pulled by solicitors
in any number &
in opposite directions.
By this safeguard, under
the semblance of coercion,
liberty is given him. Thus
may shelter be afforded to
probity, against the tyranny
of private sinister influence.
10.
Against annoyance by importunity,
contrary to his
own inclinations, it will
be effectual.
Legislator to Solicitors.
"My wishes are with you, but
"the engagement ties my
"hands".
After this, to say "Break
"your engagement", would
be an affront: an affront
not likely to be offered by
any would-be Solicitor,
how well soever assured;
that for ends of his own,
the functionary would
not scruple to break the
engagement.
11.
Greater ass to the production
of moral inaptitude
may be the influence of
sinister interest of solicitors,
than of functionaries
own do. Self is
but one: connections are
infinite.
12.
Of local and corporate interests,
the force is particularly
annoying: individual
sinister interests
do but whisper: corporate,
clamour: and, how
small soever a part,
their voice sounds as if
it were the whole of the
public do.
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13.
The greater the relief
thus afforded to the
functionary, the greater
the service rendered
to the public interest:
so far as his inclination
is favorable
to it.
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